RICHARD v. KEAL DRIVEAWAY CO. INC.


3 A.D.2d 636 (1956)

Robert E. Richard, Respondent, v. Keal Driveaway Co. Inc. et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 20, 1956


Defendants contend that the plaintiff was guilty of contributory negligence as a matter of law, and that the defendants were not negligent. Both in their brief and upon oral argument defendants seek a reversal and dismissal of the complaint and do not urge us to weigh the evidence or grant a new trial. In these circumstances, with the issues thus narrowed, we must view the evidence and any reasonable inference which may be drawn therefrom in the aspect most favorable to the...

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